IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1157 of 2019

In

Civil Writ Jurisdiction Case No.8711 of 2017

======================================================

1.

The State Of Bihar Bihar.

2.

The Principal Secretary, Water Resources Department, Government of Bihar,

Patna.

3.

The Engineer in Chief Madhya cum the Disciplinary Authority, Water

Resources Department, Government.

4.

The Officer on Special Duty, Water Resources Department, Government of

Bihar, Patna.

5.

The Deputy Secretary, Water Resources Department, Government of Bihar,

Patna.

6.

The Chief Engineer, Water Resources Department, Balmiki Nagar, District-

West Champaran, Bihar.

7.

The Executive Engineer, Main Western Canal Division, Balmiki Nagar,

District West Champaran, Bihar.

8.

Sri Ram Pukar Ranjan, son of Late Laxmi Baitha at present posted as

Engineer in Chief, Water Resources Department, Government of Bihar,

Patna, resident of Mohalla 4B, Khushi Villa, P.s. Budha Colony, District-

Patna.

... ... Appellant/s

Versus

Braj Bhushan Sharma, son of Late Ram Govind Sharma, resident of near Jail

Road, Shahpur, Govind Complex, P.S. Shahpur, District Gorakhpur Uttar

Pradesh.

... ... Respondent/s

======================================================

with

Letters Patent Appeal No. 1161 of 2019

In

Civil Writ Jurisdiction Case No.2406 of 2018

======================================================

1.

The State of Bihar through Principal Secretary, Water Resources

Department, Government of Bihar, Patna.

2.

The Joint Secretary, Water Resources Department, Government of Bihar,

Patna High Court L.P.A No.1157 of 2019 dt.12-12-2022

2/25

Patna.

3.

The Deputy Secretary, Water Resources Department, Government of Bihar,

Patna.

4.

The Engineer in Chief (Madhya), Water Resources Department, Government

of Bihar, Patna.

5.

The Officer on Special Duty, Water Resources Department, Government of

Bihar, Patna.

6.

The Chief Engineer, Water Resources Department, Balmiki Nagar, District-

West Champaran, Bihar.

7.

The Executive Engineer, Main Western Canal Division, Balmiki Nagar,

District-West Champaran, Bihar.

... ... Appellant/s

Versus

Md. Sadique Hussain Son of Akramul Haque, Resident of Village-Bahadur

Ganj, P.O.-Chikasi, P.S.-Sigori, District-Patna, Bihar.

... ... Respondent/s

======================================================

Appearance :

(In Letters Patent Appeal No. 1157 of 2019)

For the Appellant/s

:

Mr. Anjani Kumar, AAG 4

Mr. Sanjay Kumar ( AC To AAG 4 )

For the Respondent/s

:

Mr. Prabhat Ranjan, Advocate

Mr. Chandan Kumar, Advocate

(In Letters Patent Appeal No. 1161 of 2019)

For the Appellant/s

:

Mr. Anjani Kumar, AAG 4

For the Respondent/s

:

Mr. Prabhat Ranjan

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 12-12-2022

LPA 1157 of 2019

Heard learned counsels for the respective parties.

The present appeal is against the order of the

learned Single Judge dated 14.05.2019 passed in CWJC No.

Patna High Court L.P.A No.1157 of 2019 dt.12-12-2022

3/25

8711 of 2017.

Respondent Braj Bhushan Sharma, while working

as a Junior Engineer was subjected to disciplinary proceeding

on certain allegations and it was concluded in imposition of

penalty of dismissal from service on 13.04.2017. Feeling

aggrieved and dissatisfied with the Inquiring Officer’s report

dated 09.11.2016 read with the dismissal order dated 13.04.2017

he had preferred CWJC No. 8711 of 2017 and it was decided in

his favour on 14.05.2019. Hence the present LPA by the State.

Learned counsel for the State-appellants made one

and only submission that the present case is not similar to that of

Dinesh Kumar Chaudhary which is cited by the learned Single

Judge in its order at para-3 and 4. Today, we pose question as to

how the present case is distinguishable to that of Dinesh